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  • Commentaries
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Pennsylvania Case Commentaries

Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited

Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited

Date: Apr 26, 2025
Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited Introduction In Mezzacappa v. Northampton County, 2025 PA 40 MAP and 41 MAP, the Supreme Court of Pennsylvania...
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code Introduction In Pignetti, G. & J. h/w, Aplts. v. PennDOT, No. 26 & 27 EAP 2023 (Pa. Apr....
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code Introduction This commentary examines the Supreme Court of Pennsylvania’s...
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Date: Apr 26, 2025
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA Introduction In Estate of Frederick v. Geisinger Medical Center, the Pennsylvania Supreme Court addressed whether a patient’s...
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Date: Apr 26, 2025
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports Introduction In In Re: Order Amending Rules 1915.3-2, 1915.4-4, 1915.10, 1915.15, and...
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Date: Apr 26, 2025
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule Introduction In Mezzacappa v. Northampton County, 2025 PA 40 MAP 2024, the Supreme Court of Pennsylvania resolved...
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

Date: Apr 26, 2025
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141 Introduction On April 25, 2025, the Supreme Court of Pennsylvania entered an order amending Rules 140 and 141...
Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Date: Apr 26, 2025
Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act Introduction Estate of Frederick v. Alley Medical Center is a...
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

Date: Apr 25, 2025
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility Introduction In In re Nomination Petition of Huff; Appeal of Huff, 2025 PA 24 (Pa. 2025), the...
Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility

Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility

Date: Apr 25, 2025
Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility 1. Introduction This commentary examines the Supreme Court of Pennsylvania’s...
PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers

PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers

Date: Apr 1, 2025
PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers Introduction In Mark and Leah Gustafson, individually and as administrators of the estate of James Robert “J.R.” Gustafson...
Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination

Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination

Date: Mar 27, 2025
Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination Introduction This commentary examines the dissenting opinion in In the Interest of E.D.A. III, et al., 23-27 MAP...
Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights

Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights

Date: Mar 27, 2025
Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights 1. Introduction In In the Interest of A.B.A., a Minor; Appeal of T.W.A. et al. (Nos. 15–24 MAP 2024), the...
Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental-Rights Termination

Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental-Rights Termination

Date: Mar 27, 2025
Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental‐Rights Termination Introduction In the consolidated appeals In the Interest of E.D.A., et al. (Nos. 15–24 MAP 2024),...
Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance

Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance

Date: Mar 27, 2025
Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance Introduction On March 26, 2025, the Supreme Court of Pennsylvania issued an administrative order in In Re:...
Clear and Convincing Evidence, Not Credibility Alone: Justice Donohue’s Dissent on Termination of Parental Rights in In re E.D.A. III

Clear and Convincing Evidence, Not Credibility Alone: Justice Donohue’s Dissent on Termination of Parental Rights in In re E.D.A. III

Date: Mar 27, 2025
Clear and Convincing Evidence, Not Credibility Alone: Justice Donohue’s Dissent on Termination of Parental Rights in In the Interest of E.D.A. III I. Introduction This commentary examines Justice...
Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights

Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights

Date: Mar 27, 2025
Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights 1. Introduction In In the Interest of B.W., a Minor; Appeal of E.A., Jr. et al., Nos. 15–24 MAP 2024, the Supreme Court of...
"Credibility Is Not a Substitute for Competency": Justice Donohue’s Dissent on the Clear and Convincing Evidence Standard in Pennsylvania Termination-of-Parental-Rights Cases

"Credibility Is Not a Substitute for Competency": Justice Donohue’s Dissent on the Clear and Convincing Evidence Standard in Pennsylvania Termination-of-Parental-Rights Cases

Date: Mar 27, 2025
"Credibility Is Not a Substitute for Competency": Justice Donohue’s Dissent on the Clear and Convincing Evidence Standard in Pennsylvania Termination-of-Parental-Rights Cases 1. Introduction This...
Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination

Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination

Date: Mar 27, 2025
Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination Introduction In In the Interest of E.J.A., a Minor; Appeal of T.M.A. (Nos. 15–24 MAP 2024), the Supreme Court of...
Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings

Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings

Date: Mar 27, 2025
Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings Introduction The consolidated appeals in In the Interest of E.D.A., III; B.W.; A.B.A.; R.M.A.;...
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